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Kingwood City Zoning Code

PLANNING COMMISSION

§ 152.220 GENERAL.

   The city does hereby create a Planning Commission for the city to promote the orderly development of its jurisdiction. Said Commission shall serve in an advisory capacity to the governing body of the city and shall have certain regulatory powers over land planning. The Planning Commission, along with the governing body of this city, shall have the authority to carry out the objectives and overall purposes of the W. Va. Code §§ 8A-1-1 et seq.
(Ord. 21, passed 1-14-2020)

§ 152.221 MEMBERSHIP.

   (A)   The Planning Commission shall have seven members. Each member must be:
      (1)   A resident of the municipality; and
      (2)   Qualified by knowledge and experience in matters pertaining to the development of the municipality.
   (B)   At least three-fifths of all of the members must have been residents of the municipality for at least three years prior to nomination or appointment and confirmation.
   (C)   The members of the Planning Commission must fairly represent different areas of interest, knowledge and expertise, including, but not limited to, business, industry, labor, government and other relevant disciplines. Two members must be a member of the municipal governing body (being one in the same as administrative department) or a designee. One appointment represents the governing body and the other represents the administrative department. The term of membership for these two members is the same as their term of office.
   (D)   Should there be members of the community that may at times appear before the Planning Commission and do have experience and expertise that would be advantageous to the Commission, such act shall not be a conflict of interest in the appointment to the Commission. If such person is appointed, this member must recuse himself or herself from any vote, discussion, participation or other activity regarding the conflicting issue.
   (E)   The remaining members of the Planning Commission first selected shall serve respectively for terms of one year, two years and three years, divided equally or as nearly equally as possible between these terms. Thereafter, members shall serve three-year terms. Vacancies shall be filled for the unexpired term and made in the same manner as original selections were made.
   (F)   The members of the Planning Commission shall be compensated at a rate of $50 per meeting attended, up to 14 meetings per year, and shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.
   (G)   Nominations for the Planning Commission membership shall be made and confirmed by the governing body.
   (H)   Should any member of the Commission fail to attend meetings, neglect his or her duties to the Commission or commit malfeasance of his or her appointment, the Commission shall report such actions to the governing body. Thereafter, the governing body shall provide written notice of such alleged actions to the affected member and advise that such actions may result in the member’s removal from the Commission. Should the member object, he or she shall have an opportunity to address the governing body on the issues prior to any final decision being made by the governing body.
(Ord. 21, passed 1-14-2020)

§ 152.222 MEETINGS.

   (A)   The Planning Commission shall meet at least quarterly and may meet more frequently at the request of the president or by two or more members.
   (B)   Notice for a special meeting must be in writing, include the date, time and place of the special meeting, and be sent to all members at least two days prior to the special meeting.
   (C)   Written notice of a special meeting is not required if the date, time and place of the special meeting were set in a regular meeting.
   (D)   The Planning Commission must have quorum to conduct a meeting. A majority of the members of a Planning Commission is a quorum. No action of a Planning Commission is official unless authorized by a majority of the members present at a regular or properly called special meeting.
(Ord. 21, passed 1-14-2020)

§ 152.223 OFFICERS.

   At its first regular meeting each year, the Planning Commission shall elect from its members a President and Vice President. The Vice President shall have the power and authority to act as President of the Planning Commission during the absence or disability of the President.
(Ord. 21, passed 1-14-2020)

§ 152.224 GOVERNING BODY’S DUTIES.

   The city governing body shall provide the Planning Commission with:
   (A)   Suitable location for holding of meetings and the preservation of plans, maps documents and accounts; and
   (B)   Appropriate money to defray the reasonable expenses of the Planning Commission. The Planning Commission is authorized to accept gifts, funds and donations which will be deposited with the appropriate governing body in a special non-reverting Planning Commission fund to be available for expenditures by the Planning Commission for the purpose designated by the donor.
(Ord. 21, passed 1-14-2020)

§ 152.225 POWER AND DUTIES OF PLANNING COMMISSION.

   The Planning Commission has the following powers and duties:
   (A)   Exercise general supervision for the administration of the affairs of the Commission;
   (B)   Prescribe rules and regulations pertaining to administration, investigations and hearings, provided, that the rules and regulations are adopted by the governing body;
   (C)   Supervise the fiscal affairs and responsibilities of the Commission;
   (D)   With consent from the governing body, hire employees necessary to carry out the duties and responsibilities of the Planning Commission, provided that the governing body sets the salaries;
   (E)   Keep an accurate and complete record of all Planning Commission proceedings;
   (F)   Record and fill all bonds and contract;
   (G)   Take responsibility for the custody and preservation of all papers and documents of the Planning Commission;
   (H)   Make recommendations to the governing body concerning planning;
   (I)   Make an annual report to the governing body concerning the operation of the Planning Commission and the status of planning within its jurisdiction;
   (J)   Prepare, publish and distribute reports, ordinances and other material relating to the activities authorized under this chapter;
   (K)   Invoke any legal, equitable or special remedy for the enforcement of the provisions of this chapter, rule and regulation or any action taken thereunder;
   (L)   Prepare and submit an annual budget to the governing body;
   (M)   Delegate limited powers to a committee composed of one or more members of the Commission; and
   (N)   Contract for special or temporary services and professional counsel with the approval of the governing body.
(Ord. 21, passed 1-14-2020)

§ 152.999 PENALTY.

   Any person, firm or corporation violating any of the provisions of this chapter, shall for each violation, upon conviction thereof, pay a penalty of not less than ten dollars nor more than $300, with costs recoverable before the Mayor. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ord. 21, passed 1-14-2020)